Vimalbai Mohanlal Saini v. Sudhir Mahadeo Rodge And Another

1804appr23.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO.23 OF 2016 IN CRIMINAL REVISION APPLICATION NO. 27 OF 2016 (Vimalbai Mohanlal Saini vs. Sudhir Mahadeo Rodge) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri V.D. Darne, Advocate for applicant.

Shri V. Awchat, Advocate for respondent.

---------- CORAM : P.N. DESHMUKH, J.

DATED : APRIL 18, 2017 Shri Darne, learned Counsel for applicant, submits that application is rendered infructuous as first appellate Court while partly allowing the appeal has modified sentence of one month earlier imposed upon applicant by learned trial Court to till rising of Court, which she has already undergone.

The judgment of learned Sessions Judge, Yavatmal substantiates above facts. In that view of the matter, Criminal Application No.23/2016 is disposed of as same is rendered infructuous.

CRIMINAL REVISION APPLICATION NO.27 OF 2016 Shri Darne, learned Counsel for applicant, submits that applicant is a poor lady and in spite of directions issued by learned first appellate Court to deposit remaining amount of compensation of Rs.30,000/- within one month, she could not comply

1804appr23.16 2/2 with the same and thus, seeks further time to obtain instructions for deposit of said amount.

Shri Awchat, learned Counsel for respondent/complainant, submits that there are concurrent findings of both Courts below and since time of one month for payment of Rs.30,000/- has already lapsed, applicant is required to be taken into custody to undergo imprisonment of 15 days imposed by learned trial Court.

In view of facts involved as aforesaid, time of two weeks as prayed for is granted to applicant to consider payment of balance amount of Rs.30,000/-. Stand over to 2/5/2017.

The matter be shown under the caption of "admission matters".

JUDGE khj